The court examined the adherence to minimum distance norms (300 meters) for fuel stations on rural undivided National Highways as per MoRTH guidelines, although it ultimately declined to interfere in the petition.

ORDER:

The present Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:-

‘‘…to issue a Writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS directing the 2 nd respondent not to grant No Objection Certificate (NOC) in favour of the 11 th respondent for establishment of new Jio BP Petrol Pump/Retail Outlet over the land in Sy.No. 779/A/2, Vennampalle Village, Srirampur Mandal, Peddappalli District, Telangana, in pursuance of the Guidelines for Access, Location and Layout of Roadside Fuel Stations and Service Stations (Third Revision) issued by Indian Roads Congress, 2009 as well as Circular No.RW- NH-33032/01/2017-S&R®, dated 26.06.2020 issued by Govt. of India, Ministry of Road Transport and Highways, New Delhi and pass…”

2. Heard Mr.Y.Ashok Raj, learned counsel for the petitioners, Mr.M.Srinivas, learned Assistant Government Pleader for Home, appearing for respondent Nos.1 and 2, learned Assistant Government Pleader for Revenue, appearing for respondent Nos.3 and 4, learned Assistant Government Pleader for Fire, appearing for respondent No.6, learned Assistant Government Pleader for Forest, appearing for respondent No.7. None appeared for respondent Nos.8 to 10. Ms.Sahithi Sri Kavya, learned Standing Counsel appearing for respondent No.11 is present. Perused the record.

3. The grievance of the petitioner pertains to the unlawful and illegitimate action of respondent No.10 in allotting a new Petrol Pump/Retail Outlet in favour of respondent No.11, in non-compliance with the guidelines, dated 26.06.2020 issued by the Government of India, Ministry of Road Transport and Highways (S&R) (P&B) Section, Transport Bhawan, 1, Parliament Street, New Delhi – 110001.

4. Upon careful perusal of the norms relating to the grant of permission for construction and other related matters, it is evident that the guidelines clearly specify the applicable location norms for rural stretches of National Highways. In the present case, the petitioner has obtained permission for construction of a retail outlet at Vennampalle Village, Srirampur Mandal, Peddapalli District, Telangana.

5. On examination of the material available on record, it is found that the distance between the fuel station of the petitioner and that of respondent No.10 is less than 50 meters, which does not conform to the norms prescribed under Section 2.2 of the relevant guidelines, which stipulate that the minimum distance between two fuel stations in rural areas on an undivided carriage way shall be 300 meters.

6. In view of the above factual position and the applicable guidelines, this Court does not find any valid ground to interfere in this writ petition on the relief sought for by the petitioner herein, in exercise of its jurisdiction under Article 226 of the Constitution of India.

7. Accordingly, this Writ Petition is disposed of. However, the petitioner is at liberty to work out the remedies in accordance with law.

Miscellaneous Petitions, pending if any, shall stand closed.